### U.S. DEPARTMENT OFTRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. FAA DOCKET NO. 2012·0477 (EIR2011-GL-03-0070)

(Civil PenaltyAction) Hon. J. E. Sullivan, Administrative Law Judge 

# RECEIVED JAN 102014 HEARING DOCKET

RESPONDENT'S MOTIONTO CONTINUETRIAL DATE Respondent, The Liberty Foundation (TLF), by and through its undersigned attarney, respectfully, and necessarily, moves

### the Courtfor the entry of an order continuing

. 

### . the trial date (April22-25, 2014) in this matter. In supportof its Motion, TLFstates: TLF's Chief Pilot and Executive Director, Raymond Fowler, will beTLF's representative atthe trial as well as an importantwitness. Mr. Fowler is a Major in theAlabama Air National Guard. Undersignedcounsel recently received acopy ofthe orders deploying Mr. Fowlerfor the periodApri118, 2014through December6, 2014 in supportof Operation Enduring Freedom.• The trial in this matter is currently scheduled for the period April 22 - 25, 2014. Although not explicit in the Orders, Mr. Fowler advises he will be
overseasduringthisdeployment.

-.**-~~..** 

### ··,<·:·· :-_, "

. ,,. ... ' <" ' " i --: ' I Acopy ofthe Orders, partially redacted, is attached hereto as Exhibit

### A'and made a

### part

### nereot:

- ".c.. , STL!b_Rl"A.fOLDSTJ::Ii'!',·f·A., 7300 North Kendall Onve. SUite380, M1ami,FL-'33166 · ,;I ' T: (305) 670-1222 F: (305) 4()()-0685 EMAIL: STLJARTGOLDSTEINPA®ATI.NET

### Undersigned counsel requires Mr. Fowler's presence in preparation forthe trial, at the trial as his representative and as an importantwitness.2 

### TLF is not requesting adelayorcontinuance of any ofthe other dates pertaining to this proceeding. Undersigned counsel previously advised counsel for the FAA of these orders and that this motion would befiled. This Motion is notfiled for delayoranyother improper purpose. ARGUMENT 

### For good cause, the trial court should allow a continuance of the hearing date. Some ofthe factors related to good cause are the timing of the motion in relation to the trial date; prejudice that would result to the moving party in the absence of the continuance; lack of prejudice to the non-moving party; whether the reason for requesting the continuance is avoidable or mandatory; and the public interest. Paul B. Haggland, Jr. 

### Docket No. CP91AL0161, FAA Order No. 92-29 (April15, 1992); Wilson 

### v. Department ofProfessionalRegulation, 

### 2003 WL2271769 (Ill. App. Ct. 1st Dist. 2003); SheetMetal Contractors ofIowa 

### v. Commissioner of Ins., 

### 427 N.W.2d 859 (Iowa 1988); Coats v. Limbach, 

### 548 N.E. 2d 917 (1989). The Court has broad discretion in this regard to control its docketand will be 

### reversed only upon an abuse of discretion. Clinton 

### v. Jones, 

### 520

# u. S. 681, 117 S. Ct. 1636 ( 1997). Where a continuance could not benefit Respondent's defense to FMs claims, itwas properly denied. GuyEdwards, 

### Docket No. CPOOGL0009, FAAOrder No. 2003-1 (May 6, 2003). TLF has shown good cause for granting this Motion in that no prejudice will result to FAA if the continuance is granted (the mere passage of time should not be consid-

' Mr. Fowler has been identified previouslyas one ofTLF'switnesses and he has been deposed by FAA.
STUARTA. GOLDSTEIN, P, A. 7300 North Kendall Drive, Suite380,**Miam~FL** 33156 T: (305) 670-1222 F: (305) 400-0565 EMAIL- STUARTGOLDSTEINPA@AIT.NET

### ered prejudice). To the contrary, serious prejudicewill resulttoTLF ifthe continuance is notgranted since itwill nothavethe benefitof Mr. Fowler's experience and expertise as its trial representative and witness. The public interestfactor also favors granting this Motion. Mr. Fowler'sdeployment (hisfourth) is in supportofthe national security ofthe United States. Itwould be inappropriate if Mr. Fowler's absence in support ofAmerica's foreign policy might prejudiceTLF. This Motion was filed promptly upon learning of Mr. Fowler's deployment orders and thetrial date isfour months hence. The Service Members Civil Relief Act ( 108 P.L. 189; 117 Stat. 2835) of 2003 may also be applicable. Section 102(b) makestheActapplicableto "anyjudicial or administrative proceeding commenced in any court or agency in any jurisdiction subject to this Act." Section 202(d) requires a stay of proceedings for a minimum period of 90 days if the courtfinds there may be a defenseto the actions and a defense cannot be presented withoutthe presence of the defendant. While Mr. Fowler is nottechnically a "defendant" nor personally a "party" in this matter, he is TLF's Executive Director and Chief Pi· lotand his presence is required in orderto makeTLF's defense. WHEREFORE, TLF respectfully requests a continuance of the trial date in this matter until suchtime as Mr. Fowler returnsfrom the deployment referenced in ExhibitA andfor a reasonable periodthereafter.

STUARTA. GOLDSTEIN, P.A 7300 North Kendall Drive, Suite380, Miami.Fl 38156 T: (305) 670-1222 F: (305) 400-0685 EMAIL: STUARTGOLDSTEINPA®ATT NET

### Respectfully submitted, STUARTA. GOLDSTEIN, P. 

### A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 400-0685 Email: stuartgoldsteinpa@att.net By:

# )~LL.

# Jx&d-!i= StuartA. Goldstein Attorneyfor Respondent

CERTIFICATEOFSERVICE 

# 1}, I HEREBYCERTIFYthattheforegoing has been served on this

# .J..? day of Decamber, 2013, as setforth below: Christopher R. Stevenson, Esq. Officeofthe Regional Counsel FederalAviationAdministration 

### 0. Box20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular U.S. Mail andthatanoriginal andone copywas served upon: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 FederalAviationAdministration 

### BOO IndependenceAvenue, S. W. Washington, D. C. 20591

STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive. Suite380. Miami.FL 33i56 T: (305) 67Q-1222 F: (305) 4()()-.0685 EMAIL: STUAATGOLDSTEINPA@ATTNET

### andthata copywasserved upon: HonorableJ. E. Sullivan Officeof Hearings, 

### M-20 

### S. DepartmentofTransportation 

### 1200 NewJerseyAvenue, 

### S. E. (E11-310) Washington, D. 

## C. 20590 ByFacsimile: 

### (202)366-7536 and regular 

### U. S. Mail 

### D (\

# ~ By:

# {:r.XWJJt(__ StuartA. Goldstein

STUARrA. GOLDSTEIN, P.A. 7300 North Kendall**Dtiv~.** S'!!ta SSO, Mlami,FL 93158 T: (305) 670-1222 F:{305) 400-0065 EMAil:STUARTGOlDSTEINPA@ATT.NEfR-1000012, 187TH OPERATIONS GROUP, 01 Nov 2013 Mobilization Authorization Number: 000000000000000 CMAS: n/a Command Code: n/a Mean Code: n/a Man Day ID: n/a Tour Indicator: n/a Reserve Active Duty Reason: H - INVOL MOBILIZATION (PARTIAL 10 USC 12301, 12302, 688) Executive Order: 132230

- OPERATION ENDURING FREEDOM 11. ADDITIONAL INFORMATION, Based on these orders to Active Federal Service for a period of 31 days or more in support of a contingency operation dated after 28 October 2004, members and eligible dependents may be eligible for TRICARE benefits. IAW (I), Identification Cards for Members of the Uniformed Services, Their Eligible Family Members and Other Eligible Personnel, 20 Dec 02, para 1.19.4, it is the members responsibility to ensure their DEERS record reflects the proper active duty dates if orders are in excess of 30 days. Eligibility period for this benefit begins upon notification or receipt of Delayed-Effective-Date order to active duty or up to ninety (90) days prior to written or verbal notification of being placed on active duty. Benefits are effective the date you receive notification that you are (or will be) ordered to active duty for a period of 31 days or more in support of a contingency operation as defined in provisions of law, 10**U~S~C.** 10l(a)(13)(b). If service is 90 days continuous in support of a contingency, prior to deactivation, member must declare intent to enroll in TRICARE Reserve Select (TRS) Program. Members should contact their servicing MPF for eligibility and current benefit information regarding TRS. It is suggested members review their eligibility period by logging onto the Guard/Reserve portal at https://www.dmdc.osd.mil/appj/esgr/index.jsp before submitting claims to TRICARE. Claim procedures have been posted at http;//www.tricare.osd.mil/claims. TRICARE enrollment procedures can also be found at the following site: http//www.tricare.osd.mil/reserve, This order contains information protected under the Privacy Act of 1974. This active duty order does not constitute authority to deploy from the activated location. If further deployment is required after reporting to the Commander of assigned unit, the applicable Contingency, Exercise 1 Deployment (CED) or TDY order must be published and furnished to the individual prior to departure. Deploying personnel must out-process through the servicing Military Personnel Flight as directed. 12. Your Early Identification Date is 01 NOV 2013. Based on these orders to active federal service for more than 30 days, you and your family 

### membezg (if applioable) ar& eligiQle for TRICARE**benefita~** 

### Your eligibility began either upon the date you started your active duty ord@rs or up to 180 days before the date on which the period of active duty commenced, whichever is later. A delayed-effective-date aotive duty order may be verbal or**written~** It is effective the date you receive notification that you are (or will be) ordered to active duty for more than 30 days in support of a contingency operation as defined in provisions of law, 10 U.S.C. 10l(A)(l3)(b). 13. Alte•nate means, such as Secure Video**~eleconferenoe** (SVTC) or other web-based communications are not sufficient to accomplish travel objectives. 14. Authorizations to cite the current or next fiscal year does not oonatitute authorizations to ohliqate funds until approved by congress. 15. A certified**pa~** order with all associated modifications must be submitted to M1litary Pay within 5 working days after the end of the tour for payment processing.Page 2 

### of 4**~~-** -------·R-1000012, 187TH OPERATIONS GROUP, 01 Nov 2013

16. Member may be entitled to ACIP 17. Member may be entitled to BAH I 18. Officer is entitled to BAS type N 19. Department of Defense organizations**requ~r~ng** order validation, please contact the AROWS Help Desk at 1-877-486-2538. 20. ***A PER DIEM WAIVER TO EXCEED 180 DAYS AT ONE LOCATION FROM 2014-04-18 TO 2014-12-06 FOR MAJ FOWLER IS APPROVED. THE SECAF IDENTIFICATION CODE IS SAF14BOG0001 21. This is a pay only order, Travel authorization will be**complete~** using Defense Travel System (DTS). 22. CERTIFICATION: WUC: lC Perstempo: A Fund Cite: P&A 5743500 324 511 525725 5753500 325 511 525725 CIC: n/a Estimates: Travel: $0.00 Per Diem: $0.00 Rental Car: $0.00 Certifying Official: /s/ SSGT SHELBY K HURT /s/ 23. AUTHENTICATION:
BY ORDER OF THE SECRETARY OF THE AIR FORCE

/S/OFFICIAL/8/ WILLIAM L. SPARROW, COL, ALANG Commander



### Page 3 of DISTRIBUTION: A



### 4R-1000012, 187TH OPERATIONS GROUP, 01 Nov 2013 STATEMENT OF DUTY Member without dependents Member with dependents Married to Military Member Status of Spouse (if known) ( ) a. Spouse on Active Duty or AGR status ( ) b. Spouse not on Active Duty ( ) c. Active duty/AGR spouse claims child/children for BAH purposes Member occupied contract/government quarters for this period of duty. Member did not occupy contract/government quarters for this period of duty. hours on I certify member reported for duty at 

## •===-- (time) (excluding travel time) and was released from duty at (date) .,==.-hours

(time) on (excluding travel time). (date)

Printed Name of Supervisor Signature of Supervisor POV MILEAGE ONLY CLAIM: (Use DD Fm 1351-2 for other claims) Start Date End Date

_____ _ POV Miles I certify I was the owner/operator of the Privately Owned Vehicle (POV) Printed Name of Member Signature of Member Member's Email Address (Optional)

Page 4 

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